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TERMS & CONDITIONS DEFINITIONS a) The "Owner" shall be Orange Audio, their successors, assigns or personal representatives.
b) The "Hirer" or “Purchaser” shall be the company, firm, person, Corporation or public authority, taking the Owners products, services and equipment on sale or hire & includes their successors, assigns or personal representatives.
c) "Products or Services" covers all classes of products and services which the Owners agrees to sell to the purchaser.
d) "Equipment" covers all classes of equipment, cables & accessories which the Owners agrees to hire to the Hirer.
e) An "order" is a verbal or written request by the Hire to the Ower for the equipment to be provided.
f) The "Hire or “Sale” or “Service” contract is an agreement between the Owner & the Hirer” or “Purchaser” which confirms receipt of the Hirer’s or Purchaser's order, lists the products, equipment and services to be provided & incorporates any special conditions between the Hirer or Purchaser & the Owner.
ACCEPTANCE OF CONTRACT A contract for sale, or for hire is deems to be accepted on receipt of full payment, or the minimum required deposit.
Acceptance of contract will only proceed once any payment is cleared the “Owners” account, or cash office, handed to representatives, their successors, assigns or person.
DEPOSITS & PAYMENTS The contract will state the minimum deposit required, and the due date of full payment, or balance.
ACCEPTANCE OF CONDITIONS The completion of the Hire/Sales Contract by signature of both the Owner & the Hirer shall imply acceptance of all the conditions herein, unless otherwise agreed & specified in the Hire/Sales/Service contract by the Owner & the Hirer or Purchaser. |
CONDITION TO SALES All products supplied remain the property of the “Owner” until full payment is received.
CONDITION TO HIRERS DUTY OF RETURN The Hirer is absolutely responsible for the safe keeping of equipment during the period of hire & for its return to the Owner at the end of the hire. If the Hirer fails to return equipment for whatever reason, whether as a result of theft, loss, destruction or otherwise, whether due to negligence on the part of the Hirer or his servants or not, the Hirer shall be liable to the Owner: a) for the cost of replacement of the equipment together with all costs arising there from b) for the Owner's hire charges until the return of the equipment or payment in full of the costs under the clause a) hereof.
EQUIPMENT FAILURE OR BREAKDOWN Breakdowns or defects in the product, equipment or service occurring as a result of ordinary usage or fair wear and tear will at the Owner's options either be repaired at the Owner's expense & with the least possible delay, or alternatively the Owner will replace equipment, & the Hirer or purchaser in such event shall not be charged until repair or replacement occurs.
EXCLUSION OF LIABILITY Except as provided above the Owner will not, to the extent permitted by law, be under any liability whatever, however arising to the Hirer or Purchaser for any consequences of equipment failure, malfunction or defect. In particular the Owner will not be liable for consequential or pure economic loss in any event.
COMPLIANCE WITH THE LAW The Hirer or Purchaser shall be responsible for complying with all relevant laws, bylaws & regulations applicable & Incidental to the use of the products and equipment.
INSURANCE The Hirer shall be responsible for insuring the equipment fully & properly against all risks devolving on him either by law or under this contract & these conditions.
INDEMNITY The Hire or Purchaser shall indemnify the Owner in respect of all claims for injury, loss or damage whatsoever caused by or in connection with the sale or hiring or use of the equipment by the Purchaser or Hirer.
FORCE MAJEURE The Owner shall not be under any liability for any consequences of delay of failure in carrying out the contract by Force Majeure or circumstances outside the direct control of the Owner. |